The Dublin Regulation does not prevent France from being competent to examine the applicant's asylum application, given the existence of orders from the German authorities imposing an obligation to return to Somalia, where risk of inhuman treatment cannot be excluded.

Any decision must be reasoned and translated into a language understandable to the applicant.

In cases of deportation to a third country, the competent authority is required to assess, on a case-by-case basis, if the third country offers effective legal protection against deportation to the state of origin.

In the case of a Turkish journalist of Kurdish origin, the competent authority had only insufficiently assessed if the applicant enjoys sufficient legal protection in Brazil against refoulment to Turkey. It therefore violated her right to be heard.

The ECtHR confirms previous decisions stating that Turkish law concerning procedural safeguards of detention continues to violate Article 5 §§ 4, 5 ECHR and that the applicant was not duly informed of the reasons for his detention. Moreover, the Court confirms that the detention conditions in Istanbul Kumkapi Removal Centre violate Article 3 ECHR.

Both applicants seek legal assistance and to register their application for asylum, which was previously refused by the Alpes Maritimes Prefect. The interim relief judge decided that the Prefect’s refusal to provide the individuals with an application form to register their application for asylum, notwithstanding their presence within the territory and contact with the police, amounted to a serious breach of the right to asylum.

In the course of an asylum procedure, the statements of the asylum seeker have to be assessed integrally. This includes, inter alia, an analysis of (up-to-date) country reports. However, such analysis is not carried out in a sufficient manner where there are only superficial references to the country of origin information. Rather, it is required that the information contained is actually taken into consideration when taking the decision, applied to the specific circumstances of each case and compared to the information provided by the asylum seeker(s).

This Court case confirms the obligation on the part of the decision-maker to make a clear finding regarding the applicant’s ethnicity, and to conduct a forward-looking assessment when assessing the well-founded nature of his fear.

The Federal Administrative Court rules, that the significant risk of absconding for ‘Dublin-detention’ orders must always be assessed on a case-by-case basis. The sole existence of a ground for detention as set out in Art. 76a(2) AuG does not automatically indicate a significant risk absconding. Such an order is unlawful and must be rescinded. The Court ‘warns’ the SEM that the current practices are very concerning and require adaptation.

The case concerns three unconnected Iranian nationals who unsuccessfully claimed asylum in the Republic of Cyprus then came to the UK where they made asylum claims. A further right to appeal remained with the Cypriot Supreme Court. The case is a challenge by the applicants to the SSHD’s refusal to decide their asylum claims substantively; certification of their asylum claims on safe third country grounds; and certification of their human rights claims as clearly unfounded.